How do you make a claim for whiplash? Here is the best advice on what to do, and what to avoid.
What to Avoid
Avoid getting stuck in the referral fee system that has been plaguing the personal injury industry for years. Just this week, former Justice Secretary Jack Straw revealed the true extent of the referral fee system that your own insures, claims companies, and even the police and hospitals are getting involved in, according to reports.
We have always known about the system, and we have always advised people against it. Now, the media is rife with the true extent of this money making “racket” that has left accident victims with their personal details being sold for profit, and ending up with a potentially poor service, and even a lower payout.
According to news from The Guardian (http://www.guardian.co.uk/money/2011/jun/28/minister-criticises-referral-fees-personal-injury-claims), Justice Minister Jonathan Djanogly has openly criticised the practice of referral fees following Jack Straw’s investigations that have hit out at insurance companies selling the details of accident victims to personal injury lawyers for profit. You know those times when the insurers hit out and blame accident claims for increasing premiums? Well, with potentially 80% of the market for road accidents going through insurers referral systems, insurers only have themselves to blame for increasing premiums as its the insurers themselves that are selling the details to claims companies.
Reports suggest that the practice can generate around £3bn a year, and increases the premiums for car insurance policies; so we shouldn’t be feeling sorry for them when they are complaining that their profits are being dented by claims when they are the primary instigators of making it happen!
It’s important to remember that if you have been involved in a road accident that was not your fault, you are entitled to seek compensation for your injuries. You have the right to be compensated for a whiplash injury – which trust me, hurts! As a sufferer of whiplash myself, it can be a real debilitating injury, and an absolute pain to live with. The issue here is that the “racket” of referral fees has the potential to limit the accident victims access to justice by solicitors being forced upon them by insurers, and has the potential to reduce the quality of legal services on offer (Source: The Law Society and Bar Council recommendations that referral fees be stopped, cited in a recent Lord Young Report).
The Situation
Your added Legal Expenses Cover / Motor Legal Protection that insures will try their hardest to add to your policy (mine tried to sell it to me 5 times before I told them I work in personal injury; which prompted them ceasing their relentless attempts to sell it to me), potentially costing you around £25 extra a year. They will tell you that this will guarantee you a lawyer with no costs if you ever need to make a claim for compensation.
The Reality
When you have an accident, your insurers will tell you that you have the benefit of a lawyer, and they will organise this for you. What they actually do is refer your claim over to one of their panel of lawyers for a referral fee, which can amount to around £1000 according to the recent figures. What this means is that the lawyer you are allocated has £1000 less to spend on your claim. If they intend to turn a profit, they may have no choice but to reduce their service levels to you, or even take a deduction from your payout.
The Law Society, Jack Straw, and Lord Justice Jackson, and now even the insurance industry agrees they should be banned, according to the recent reports. Linda Lee, Law Society President, has commented the following: “Referral fees hinder access to justice, contribute to rising costs in the justice system, and go against the interests of the consumer. We have always argued for a total ban on referral fees. Jack Straw believes they should be banned, Lord Justice Jackson in his recent report on costs believes they should be banned, and now even the insurance industry agrees they should be banned. The government needs to wake up and take immediate action.”
So – you don’t just have to take our word for it! We have been shouting out that they should be banned for years now. As an independent injury law firm, we refuse to be involved in referral fees, and we never pay insurers, claims companies, mechanics, the police, or any other person or company to take on cases whatsoever!
So – what should you do?
What to Do
Now the issue of referral fees is more out in the open, speak to an injury lawyer directly. Avoid letting your insurers pass your details on to a claims company or a lawyer. Avoid going to claims companies directly as well, as they too are not lawyers, and will refer the claim over for a fee.
Get an independent firm of expert personal injury lawyers working on a Genuine No Win No Fee basis, and offering to spend more money on your case to provide you with a better service. Because we don’t pay referral fees, that £1000 that is wasted on a referral fee is spent on giving you a quality service, and fighting harder for your payout.
Our Service Guarantees:
- Genuine No Win No Fee: we never take any deductions from your payout, and we never charge you for our work. Our fees are limited to whatever we recover from the other side, meaning we actually can’t charge you under our agreement. Not ‘wont’, ‘CANT!’ 100% Compensation Guaranteed!
- If your claim loses, you pay nothing – so that’s no costs whatever happens.
- Regular contact – at least every 14 days, because we can afford to do so
- Your calls, emails, letters, and all correspondence responded to on the same day, or within 24 hours – because we can afford to
- Private medical care arranged from the outset of the case – because we can afford to
- Our promise to dedicate ourselves to fighting tooth and nail for the maximum compensation you are entitled to receive – because we can afford to.
Avoid getting caught up in the “racket” of referral fees, and go to an injury lawyer direct. Our money is spent on helping you; not wasted on referral fees!